Death in custody of Mr. Som Bahadur Darai. OMCT calls for a proper investigation into the circumstances of his death

NPL 221110Death in custody/ Lack of aproper investigation The International Secretariat of the WorldOrganisation Against Torture (OMCT) requests your URGENT intervention inthe following situation in Nepal. Brief description of the situation The International Secretariat of OMCT has been informed by a reliable source andAntenna International, a member organisation of OMCT SOS-Torture Network, aboutthe death in custody in unclear circumstances of Mr. Som Bahadur Darai, a 49-year-oldpermanent resident of Ratnanagar Municipality-2, Anamnagar, Chitwan districtand temporarily living in Jayamangala, in ward no. 13 of the same municipality,and the lack of a proper investigation into the surroundings of his death. According to the information received, on 22September 2010 at about 4 pm, Mr. Som Bahadur Darai was handed over by villagersalleging that he had stolen a bicycle to the Ratnanagar Area Police Office(APO)[1], inChitwan district, where he was subsequently detained without charge. The policelater stated that, the same evening around 7:30 pm, Mr. Som Bahadur Daraicommitted suicide. He would have hanged himself from the window panel of the detentioncell by using a piece of blanket. He was then brought to Bharatpur Hospitalwhere he was declared dead. According to the same information, Mr. SomBahadur Darai’s family members were only informed about his death on 19 October2010, although they live just 500 meters from the police station. The policestated that they did not know Mr. Som Bahadur Darai’s identity as he was drunkwhen he was handed to them. However, it is reported that the family alreadyinquired about Mr. Som Bahadur Darai’s whereabouts on 25 September 2010 but apolice inspector at Ratnanagar APO denied having arrested him and suggestedthat the family should visit Bharatpur District Police Office (DPO). There, thepolice reportedly said that no one was detained with that name. Only on 19October 2010 was Mr. Som Bahadur Darai’s wife informed that her husband haddied when she returned to DPO Bharatpur and the police eventually showed her Mr.Som Bahadur Darai’s clothes and pictures. The family had then to sign a receiptfor the body although it had already been cremated in Bharatpur Municipality.On the same day, Mr. Som Bahadur Darai’s father registered a First InformationReport (FIR) into the custodial death of his son at DPO, Bharatpur. OMCT is deeply concerned about thecircumstances surrounding Mr. Som Bahadur Darai’s death. Indeed, according tothe same information, on 24 October 2010, a man who was detained the same nightas Mr. Som Bahadur Darai but who was in another room when the alleged factsoccurred, had to return to DPO Bharatpur and had to sign a paper stating thatthe deceased person had not been tortured in police custody. Furthermore, accordingto the same information, the window panel where Mr. Som Bahadur Darai allegedlyhanged himself is only almost 5 feet high (approximately 1m53) whereas Mr. SomBahadur Darai was almost 5.4 feet tall (approximately 1.65m). It is alsoreported that the window panel is not bended or broken. OMCT has been informed that an informal andinternal police investigation team has been set up, however no furtherinformation could be obtained. OMCT is gravely concerned that the investigationinto the circumstances surrounding Mr. Som Bahadur Darai’s death in custody isnot carried out independently, thoroughly and impartially. OMCT recalls that the authorities are legally bound toeffectively ensure the physical and psychological integrity of all personsdeprived of liberty in accordance with international human rights law, and inparticular, the Convention against Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment and the International Covenant on Civil andPolitical Rights. Accordingly, OMCTcalls on the competent authorities to carry out a prompt, effective,thorough, independent and impartial investigation into the circumstancessurrounding the death in custody of Mr. Mr. Som Bahadur Darai in accordancewith international human rights standards, such as the UN Principle on theEffective Prevention and Investigation of Extra-legal, Arbitrary and SummaryExecutions, the result of which must be made public, in order to bring thoseresponsible before a competent, independent and impartial tribunal and applypenal, civil and/or administrative sanctions as provided by law. Actionrequested Please write to the authorities in Nepal urging themto:

1. Carry out aprompt, effective, thorough, independent and impartial investigation into the circumstances surrounding the death in custody ofMr. Som Bahadur Darai, in accordance with international human rightsstandards, inter alia, with the UN Principle on the Effective Prevention andInvestigation of Extra-legal, Arbitrary and Summary Executions, the result of which mustbe made public, in orderto bring those responsible before a competent, independent and impartialtribunal and apply penal, civil and/or administrative sanctions as provided bylaw;
2. Ensure that adequate, effectiveand prompt reparation, including adequate compensation, is granted to thevictim’s family;
3. Ensurethe respect of human rights and fundamental freedoms throughout the country inaccordance with national laws and international human rights standards, inparticular ensure that all acts of torture, and cruel, inhuman and degradingtreatment and punishment are clearly defined in law as offences in accordancewith the provisions set out in Articles 1, 4 and 16 of the Convention againstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment and thatthey be made punishable with appropriate penalties which take into account thegrave nature of the crimes as required.

Addresses

• Home Minister,Mr. Bhim Rawal, Ministry of Home Affairs, Singha Darbar,Kathmandu, Nepal. Tel: +977 1 4211211 / 4211264, Fax: +977 1 42 11 232
• Inspector General of Police, Ramesh Chand(Thakuri), Police Head Quarters, Naxal, Kathmandu, Nepal, PO. Box No.: 407, Tel: +977 1 4 412432, Fax: +977 1 4 415 593. Email: info@nepalpolice.gov.np
• Attorney General,Mr. Bharat Bahadur Karki, Office of Attorney General
• Ramshahpath, Kathmandu, Nepal, Fax: +9771 4262582, Email: attorney@mos.com.np
• Chief of Human Rights Cell of police,Mr. Yadav Raj Khanal l, Human Rights Cell,Nepal Police, Kathmandu, Nepal PO. Box. No.: 407, Fax: +977 1 4415593 E-mail: hrcell@nepalpolice.gov.np
• Chairman of the National Human Rights Commission, Mr. Kedar NathUppadhya, Pulchowck, Lalitpur, Nepal; Email:nhrc@nhrcnepal.org and also complaints@nhrcnepal.org, Fax: +977 1 5547973
• PermanentMission of Nepal, 81 ruede la Servette, 1201 Geneva, Switzerland,Fax: +4122 7332722, E-mail: mission.nepal@ties.itu.int

Please also write to the embassies of Nepal in yourrespective country.***Geneva, 22 November 2010. Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.
[1]RatnanagarArea Police Office is a “B” grade police station which has reportedly noauthority to detain and file case against individuals.